Capitol T. V. Service, Inc. v. Derrick

Deen, Presiding Judge.

Appellants, Capitol T.V. Service, Inc., and George Comer, appeal from a judgment awarding Rod Derrick $7,000 in damages for assault and battery.

1. Appellants first contend that the trial court erred in charging the jury “the plaintiff is protected against a purely mental disturbance of his personal integrity...” because a cause of action for assault requires that the plaintiff be placed in circumstances which, reasonably viewed, are such as to lead a person reasonably to apprehend a violent injury from the unlawful act of another.

The transcript shows that the court first…